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Before the
Federal Communications Commission
Washington, DC 20554
)
)
) File No.: EB-10-SE-124
In the Matter of
) Acct. No.: 201332100001
TelAlaska Cellular, Inc.
) FRN: 0003740768
)
)
ORDER
Adopted: October 12, 2012 Released: October 12, 2012
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (Bureau) of the Federal Communications
Commission (Commission) and TelAlaska Cellular, Inc. (TelAlaska). The
Consent Decree resolves and terminates the Bureau's investigation into
TelAlaska's compliance with Sections 20.19(c)(3) and 20.19(d)(3) of
the Commission's rules (Rules) concerning the deployment of digital
wireless hearing aid-compatible handsets.
2. The Bureau and TelAlaska have negotiated the Consent Decree that
resolves this matter. A copy of the Consent Decree is attached hereto
and incorporated herein by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation.
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether TelAlaska possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)
of the Communications Act of 1934, as amended, and Sections 0.111 and
0.311 of the Rules, the Consent Decree attached to this Order IS
ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Brenda C. Shepard, Chief Executive Officer, TelAlaska
Cellular, Inc., 201 E 56th Avenue, Anchorage, AK 99518, and to D. Cary
Mitchell, counsel for TelAlaska Cellular, Inc., Blooston, Mordkofsky,
Dickens, Duffy & Prendergast, 2120 L Street, NW, Suite 300,
Washington, DC 20037.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, DC 20554
)
)
File No.: EB-10-SE-124
In the Matter of )
Acct. No.: 201332100001
TelAlaska Cellular, Inc. )
FRN: 0003740768
)
)
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and
TelAlaska Cellular, Inc., by their authorized representatives, hereby
enter into this Consent Decree for the purpose of terminating the
Enforcement Bureau's investigation into possible violations of Sections
20.19(c)(3) and 20.19(d)(3) of the Commission's rules pertaining to the
deployment of digital wireless hearing aid-compatible handsets.
I. DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S:
151 et seq.
b. "Adopting Order" means an order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or
modification.
c. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
d. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
e. "Communications Laws" means collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which TelAlaska is subject by virtue of its business activities,
including but not limited to, the Hearing Aid Compatibility Rules.
f. "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at paragraph 10.
g. "Covered Employees" means all employees and agents of TelAlaska who
perform, or supervise, oversee, or manage the performance of, duties
that relate to TelAlaska's responsibilities under the Hearing Aid
Compatibility Rules.
h. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
i. "Hearing Aid Compatibility Rules" means Section 20.19 of the Rules and
other Communications Laws governing digital wireless hearing aid
compatibility, such as the Rules governing the design, selection, or
acquisition of wireless handsets and the marketing or distribution of
such handsets to consumers in the United States.
j. "Investigation" means the investigation commenced by the Bureau's
September 9, 2010 letter of inquiry regarding TelAlaska's deployment
of digital wireless hearing aid-compatible handsets.
k. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by TelAlaska to
implement the Compliance Plan.
l. "Parties" means TelAlaska and the Bureau, each of which is a "Party."
m. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
n. "TelAlaska" means TelAlaska Cellular, Inc. and its
predecessors-in-interest and successors-in-interest.
II. BACKGROUND
2. In the 2003 Hearing Aid Compatibility Order, the Commission adopted
several measures to enhance the ability of consumers with hearing loss
to access digital wireless telecommunications. The Commission
established technical standards for radio frequency interference (the
M rating) and inductive coupling (the T rating) that digital wireless
handsets must meet to be considered compatible with hearing aids
operating in acoustic coupling and inductive coupling (telecoil)
modes, respectively. For each of these standards, the Commission
further established deadlines by which manufacturers and service
providers were required to offer specified numbers or percentages of
digital wireless handsets per air interface that are compliant with
the relevant standard. In February 2008, as part of a comprehensive
reconsideration of the effectiveness of the Hearing Aid Compatibility
Rules, the Commission released an order that, among other things,
adopted new compatible handset deployment benchmarks beginning in
2008.
3. On January 14, 2010, TelAlaska submitted its annual hearing aid
compatibility status report for the January 1, 2009 to December 31,
2009 reporting period (2009 Report). On August 12, 2010, the Wireless
Telecommunications Bureau referred TelAlaska's apparent hearing
aid-compatible handset deployment violations to the Bureau's Spectrum
Enforcement Division (Division) for investigation and possible
enforcement action. On September 9, 2010, the Division issued a letter
of inquiry (LOI) to TelAlaska, which directed the company to submit a
sworn written response to a series of questions related to its
compliance with the Hearing Aid Compatibility Rules.
4. TelAlaska responded to the LOI on September 28, 2010. In its LOI
Response, TelAlaska states that it commenced offering service in
August 2009 and that as of December 2009 the company provided service
to a total of 546 subscribers in six remote rural Alaska communities.
In addition, TelAlaska reports that it discovered its apparent
violation of the hearing aid-compatible handset deployment
requirements prior to the filing of its 2009 Report, that it
immediately initiated efforts to correct those apparent violations,
and that the company became compliant with these requirements prior to
the Bureau's initiation of the Investigation. The Bureau and TelAlaska
entered into tolling agreements to toll the statute of limitations.
III. TERMS OF AGREEMENT
5. Adopting Order. The Parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in the Adopting Order.
6. Jurisdiction. TelAlaska agrees that the Bureau has jurisdiction over
it and the matters contained in this Consent Decree and that the
Bureau has the authority to enter into and adopt this Consent Decree.
7. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the Effective Date as defined herein. As of
the Effective Date, the Adopting Order and this Consent Decree shall
have the same force and effect as any other order of the Commission.
Any violation of the Adopting Order or of the terms of this Consent
Decree shall constitute a separate violation of a Commission order,
entitling the Commission to exercise any rights and remedies attendant
to the enforcement of a Commission order.
8. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate the
Investigation. In consideration for the termination of the
Investigation, TelAlaska agrees to the terms, conditions, and
procedures contained herein. The Bureau further agrees that in the
absence of new material evidence, the Bureau will not use the facts
developed in the Investigation through the Effective Date, or the
existence of this Consent Decree, to institute on its own motion any
new proceeding, formal or informal, or take any action on its own
motion against TelAlaska concerning the matters that were the subject
of the Investigation. The Bureau also agrees that in the absence of
new material evidence it will not use the facts developed in the
Investigation through the Effective Date, or the existence of this
Consent Decree, to institute on its own motion any proceeding, formal
or informal, or take any action on its own motion against TelAlaska
with respect to TelAlaska's basic qualifications, including its
character qualifications, to be a Commission licensee or to hold
Commission licenses or authorizations.
9. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, TelAlaska shall designate a senior corporate manager
with the requisite corporate and organizational authority to serve as
Compliance Officer and to discharge the duties set forth below. The
Compliance Officer shall be responsible for developing, implementing,
and administering the Compliance Plan and ensuring that TelAlaska
complies with the terms and conditions of the Compliance Plan and this
Consent Decree. In addition to the general knowledge of the
Communications Laws necessary to discharge his/her duties under this
Consent Decree, the Compliance Officer shall have specific knowledge
of the Hearing Aid Compatibility Rules prior to assuming his/her
duties.
10. Compliance Plan. For purposes of settling the matters set forth
herein, TelAlaska agrees that it shall within sixty (60) calendar days
after the Effective Date, develop and implement a Compliance Plan
designed to ensure future compliance with the Communications Laws,
including the Hearing Aid Compatibility Rules, and with the terms and
conditions of this Consent Decree. The Compliance Plan shall include,
without limitation, the following components:
a. Operating Procedures on Hearing Aid Compatibility. Within sixty (60)
calendar days after the Effective Date, TelAlaska shall establish
Operating Procedures that all Covered Employees must follow to help
ensure TelAlaska's compliance with the Hearing Aid Compatibility
Rules. TelAlaska's Operating Procedures shall include internal
procedures and policies specifically designed to ensure that
TelAlaska offers the requisite number or percentage of hearing
aid-compatible digital wireless handset models to consumers as
required by the Hearing Aid Compatibility Rules. TelAlaska also shall
develop a Compliance Checklist that describes the steps that a
Covered Employee must follow to ensure that the inclusion of a new
handset model, or discontinuance of an existing handset model
offering, will not result in a violation of the Commission's digital
wireless hearing aid-compatible handset deployment requirements. At a
minimum, the Compliance Checklist shall require Covered Employees to
verify the hearing aid compatibility rating of each existing and
proposed handset model offering using the Commission's equipment
authorization database.
b. Compliance Manual. Within sixty (60) calendar days after the
Effective Date, the Compliance Officer shall develop and distribute a
Compliance Manual to all Covered Employees. The Compliance Manual
shall explain the Hearing Aid Compatibility Rules and set forth the
Operating Procedures that Covered Employees shall follow to help
ensure TelAlaska's compliance with the Hearing Aid Compatibility
Rules. TelAlaska shall periodically review and revise the Compliance
Manual as necessary to ensure that the information set forth therein
remains current and complete. TelAlaska shall distribute any
revisions to the Compliance Manual promptly to all Covered Employees.
c. Compliance Training Program. TelAlaska shall establish and implement
a Compliance Training Program on compliance with the Hearing Aid
Compatibility Rules and the Operating Procedures. As part of the
Compliance Training Program, Covered Employees shall be advised of
TelAlaska's obligation to report any noncompliance with the Hearing
Aid Compatibility Rules under paragraph 11 of this Consent Decree and
shall be instructed on how to disclose noncompliance to the
Compliance Officer. All Covered Employees shall be trained pursuant
to the Compliance Training Program within sixty (60) calendar days
after the Effective Date, except that any person who becomes a
Covered Employee at any time after the Effective Date shall be
trained within thirty (30) calendar days after the date such person
becomes a Covered Employee. TelAlaska shall repeat the compliance
training on an annual basis, and shall periodically review and revise
the Compliance Training Program as necessary to ensure that it
remains current and complete and to enhance its effectiveness.
11. Reporting Noncompliance. TelAlaska shall report any noncompliance with
the Hearing Aid Compatibility Rules and with the terms and conditions
of this Consent Decree within fifteen (15) calendar days after
discovery of such noncompliance. Such reports shall include a detailed
explanation of (i) each instance of noncompliance; (ii) the steps that
TelAlaska has taken or will take to remedy such noncompliance; (iii)
the schedule on which such remedial actions will be taken; and (iv)
the steps that TelAlaska has taken or will take to prevent the
recurrence of any such noncompliance. All reports of noncompliance
shall be submitted to the Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, Room 3-C366,
445 12th Street, S.W. Washington, D.C. 20554, with a copy submitted
electronically to Kevin Pittman at Kevin.Pittman@fcc.gov and to Pamera
Hairston at Pamera.Hairston@fcc.gov.
12. Compliance Reports. TelAlaska shall file Compliance Reports with the
Commission ninety (90) calendar days after the Effective Date, twelve
(12) months after the Effective Date, and twenty-four (24) months
after the Effective Date.
a. Each compliance report shall include a detailed description of
TelAlaska's efforts during the relevant period to comply with the
terms and conditions of this Consent Decree and the Hearing Aid
Compatibility Rules. In addition, each Compliance Report shall include
a certification by the Compliance Officer, as an agent of and on
behalf of TelAlaska, stating that the Compliance Officer has personal
knowledge that TelAlaska (i) has established and implemented the
Compliance Plan; (ii) has utilized the Operating Procedures since the
implementation of the Compliance Plan; and (iii) is not aware of any
instances of noncompliance with the terms and conditions of this
Consent Decree, including the reporting obligations set forth in
paragraph 11 hereof.
b. The Compliance Officer's certification shall be accompanied by a
statement explaining the basis for such certification and must comply
with Section 1.16 of the Rules and be subscribed to as true under
penalty of perjury in substantially the form set forth therein.
c. If the Compliance Officer cannot provide the requisite certification,
the Compliance Officer, as an agent of and on behalf of TelAlaska,
shall provide the Commission with a detailed explanation of the
reason(s) why and describe fully (i) each instance of noncompliance;
(ii) the steps that TelAlaska has taken or will take to remedy such
noncompliance, including the schedule on which proposed remedial
actions will be taken; and (iii) the steps that TelAlaska has taken or
will take to prevent the recurrence of any such noncompliance,
including the schedule on which such preventive action will be taken.
d. All Compliance Reports shall be submitted to the Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, S.W., Washington, D.C. 20554, with a copy
submitted electronically to Kevin Pittman at Kevin.Pittman@fcc.gov and
to Pamera Hairston at Pamera.Hairston@fcc.gov.
13. Termination Date. The obligations set forth in paragraphs 9 through 12
of this Consent Decree shall expire twenty-four (24) months after the
Effective Date.
14. Section 208 Complaints; Subsequent Investigations. Nothing in this
Consent Decree shall prevent the Commission or its delegated authority
from adjudicating complaints filed pursuant to Section 208 of the Act
against TelAlaska or its affiliates for alleged violations of the Act,
or for any other type of alleged misconduct, regardless of when such
misconduct took place. The Commission's adjudication of any such
complaints will be based solely on the record developed in that
proceeding. Except as expressly provided in this Consent Decree, this
Consent Decree shall not prevent the Commission from investigating new
evidence of noncompliance by TelAlaska with the Communications Laws.
15. Voluntary Contribution. TelAlaska agrees that it will make a voluntary
contribution to the United States Treasury in the amount of fifty-five
thousand dollars ($55,000) within thirty (30) calendar days after the
Effective Date. TelAlaska shall also send electronic notification of
payment to Kevin Pittman at Kevin.Pittman@fcc.gov, Pamera Hairston at
Pamera.Hairston@fcc.gov, and Samantha Peoples at Sam.Peoples@fcc.gov
on the date said payment is made. The payment must be made by check or
similar instrument, wire transfer, or credit card and must include the
NAL/Account Number and FRN referenced above. Regardless of the form of
payment, a completed FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the Account Number
in block number 23A (call sign/other ID) and enter the letters "FORF"
in block number 24A (payment type code). Below are additional
instructions you should follow based on the form of payment you
select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent via
overnight mail to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL,
1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete the
wire transfer and ensure appropriate crediting of the wired funds, a
completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on the
same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
If you have questions regarding payment procedures, please contact the
Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
e-mail, ARINQUIRIES@fcc.gov.
16. Waivers. TelAlaska waives any and all rights it may have to seek
administrative or judicial reconsideration, review, appeal, or stay,
or to otherwise challenge or contest the validity of this Consent
Decree and the Adopting Order, provided the Bureau issues an Adopting
Order as defined herein. TelAlaska shall retain the right to challenge
Commission interpretation of the Consent Decree or any terms contained
herein. If either Party (or the United States on behalf of the
Commission) brings a judicial action to enforce the terms of the
Adopting Order, neither TelAlaska nor the Commission shall contest the
validity of the Consent Decree or of the Adopting Order, and TelAlaska
shall waive any statutory right to a trial de novo. TelAlaska hereby
agrees to waive any claims it may have under the Equal Access to
Justice Act relating to the matters addressed in this Consent Decree.
17. Invalidity. In the event that this Consent Decree in its entirety is
rendered invalid by any court of competent jurisdiction, it shall
become null and void and may not be used in any manner in any legal
proceeding.
18. Subsequent Rule or Order. The Parties agree that if any provision of
the Consent Decree conflicts with any subsequent Rule or order adopted
by the Commission (except an order specifically intended to revise the
terms of this Consent Decree to which TelAlaska does not expressly
consent) that provision will be superseded by such Rule or Commission
order.
19. Successors and Assigns. TelAlaska agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
20. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties with
respect to the Investigation. The Parties further agree that this
Consent Decree does not constitute either an adjudication on the
merits or a factual or legal finding or determination regarding any
compliance or noncompliance with the Communications Laws.
21. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
22. Paragraph Headings. The headings of the Paragraphs in this Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
23. Authorized Representative. The individual signing this Consent Decree
on behalf of TelAlaska represents and warrants that he or she is
authorized by TelAlaska to execute this Consent Decree and to bind
TelAlaska to the obligations set forth herein. The FCC signatory
represents that she is signing this Consent Decree in her official
capacity and that she is authorized to execute this Consent Decree.
24. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
________________________________
P. Michele Ellison
Chief
Enforcement Bureau
________________________________
Date
________________________________
Brenda C. Shepard
Chief Executive Officer
TelAlaska Cellular, Inc.
______________________________
Date
47 C.F.R. S: 20.19(c)(3), (d)(3).
47 U.S.C. S:S: 154(i), 503(b).
47 C.F.R. S:S: 0.111, 0.311.
47 C.F.R. S: 20.19(c)(3), (d)(3).
Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, FCC
Enforcement Bureau, to Robert. W. Dunn, Director of Regulatory Affairs,
TelAlaska Cellular, Inc. (Sept. 10, 2010) (on file in EB-10-SE-124).
The Commission adopted these requirements for digital wireless telephones
under the authority of the Hearing Aid Compatibility Act of 1988, codified
at Section 710(b)(2)(C) of the Communications Act of 1934, as amended
(Act), 47 U.S.C. S: 610(b)(2)(C). See Section 68.4(a) of the Commission's
Rules Governing Hearing Aid-Compatible Telephones, Report and Order, 18
FCC Rcd 16753, 16787, para. 89 (2003); Erratum, 18 FCC Rcd 18047 (2003)
(Hearing Aid Compatibility Order); Order on Reconsideration and Further
Notice of Proposed Rulemaking, 20 FCC Rcd 11221 (2005).
As subsequently amended, Section 20.19(b)(1) provides that, for the period
beginning June 6, 2008 and ending December 31, 2009, a newly certified
wireless handset is deemed hearing aid-compatible for radio frequency
interference if, at minimum, it meets the M3 rating associated with the
technical standard set forth in either the standard document "American
National Standard Methods of Measurement of Compatibility between Wireless
Communication Devices and Hearing Aids," ANSI C63.19-2006 (June 12, 2006)
or ANSI C63.19-2007 (June 8, 2007). Beginning January 1, 2010, a newly
certified handset must meet at least an M3 rating under ANSI C63.19-2007
to be considered hearing aid-compatible for radio frequency interference.
47 C.F.R. S: 20.19(b)(1). Section 20.19(b)(2) provides that, for the
period beginning June 6, 2008 and ending December 31, 2009, a newly
certified wireless handset is deemed hearing aid-compatible for inductive
coupling if, at minimum, it meets the T3 rating associated with the
technical standard as set forth in ANSI C63.19-2006 or ANSI C63.19-2007,
and beginning January 1, 2010, it is deemed hearing aid-compatible for
inductive coupling if it meets at least a T3 rating under ANSI
C63.19-2007. 47 C.F.R. S: 20.19(b)(2). Grants of certification issued
before June 6, 2008, under previous versions of ANSI C63.19 remain valid
for hearing aid compatibility purposes. A recently adopted further
amendment to Section 20.19(b) of the Rules will permit manufacturers to
test handsets for hearing aid compatibility using the 2011 version of the
ANSI standard (ANSI C63.19-2011) as an alternative to ANSI C63.19-2007.
See Amendment of the Commission's Rules Governing Hearing Aid-Compatible
Mobile Handsets, Third Report and Order, 27 FCC Rcd 3732 (WTB/OET 2012).
The term "air interface" refers to the technical protocol that ensures
compatibility between mobile radio service equipment, such as handsets,
and the service provider's base stations. Currently, the leading air
interfaces include Code Division Multiple Access (CDMA), Global System for
Mobile Communications (GSM), Integrated Digital Enhanced Network (iDEN),
and Wideband Code Division Multiple Access (WCDMA) a/k/a Universal Mobile
Telecommunications System (UMTS).
See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780, para. 65; 47
C.F.R. S: 20.19(c), (d).
See Amendment of the Commission's Rules Governing Hearing Aid-Compatible
Mobile Handsets, First Report and Order, 23 FCC Rcd 3406 (2008) (Hearing
Aid Compatibility First Report and Order), Order on Reconsideration and
Erratum, 23 FCC Rcd 7249 (2008). These handset deployment requirements do
not apply to service providers and manufacturers that meet the de minimis
exception. The de minimis exception provides that manufacturers or mobile
service providers that offer two or fewer digital wireless handset models
per air interface are exempt from the hearing aid compatibility
requirements, and manufacturers or service providers that offer three
digital wireless handset models per air interface must offer at least one
compliant model. 47 C.F.R. S: 20.19(e). Effective September 10, 2012, the
de minimis exception will not be available to manufacturers or mobile
service providers that do not meet the definition of a "small entity"
beginning two years after their initial offerings. Id. S: 20.19(e)(1)(ii);
see also Amendment of the Commission's Rules Governing Hearing
Aid-Compatible Mobile Handsets, Policy Statement and Second Report and
Order and Further Notice of Proposed Rulemaking, 25 FCC Rcd 11167,
11180-89, paras. 35-59 (2010).
See TelAlaska Cellular, Inc. Hearing Aid Compatibility Report, Docket No.
07-250 (Jan. 14, 2010) available at
http://wireless.fcc.gov/hac_documents/100317/TelAlaska%20Cellular,%20_213.PDF.
See supra note 2.
See Letter from Marnie Brennan, Vice President Marketing, TelAlaska
Cellular, Inc. to Marlene H. Dortch, Secretary, Federal Communications
Commission (Sept. 28, 2010) (on file in EB-10-SE-124) (LOI Response).
Id. at 6.
Id. at 2-3.
See, e.g., Tolling Agreement Extension, File No. EB-10-SE-115, executed by
and between John D. Poutasse, Chief, Spectrum Enforcement Division, FCC
Enforcement Bureau, and Brenda Shepard, Chief Executive Officer, TelAlaska
Cellular, Inc. (May 1, 2012).
47 C.F.R. S: 1.16.
An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
Equal Access to Justice Act, Pub L. No. 96-481, 94 Stat. 2325 (1980)
(codified at 5 U.S.C. S: 504); see also 47 C.F.R. S:S: 1.1501-1.1530.
Federal Communications Commission DA 12-1582
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Federal Communications Commission DA 12-1582
Federal Communications Commission DA 12-1582
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Federal Communications Commission DA 12-1582